PETER AMOFA v. KWAME ASANTE
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Contract Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff demanded a total of GH¢21,280.00 from the Defendant, claiming these amounts were loans. The Defendant, who did not show up for court hearings, argued these amounts were investments in their joint business. The court rejected the Defendant's claim of a business partnership and accepted the testimonies and evidence provided by the Plaintiff's witnesses, leading to a judgment against the Defendant for GH¢19,810.00, including an interest charge from January 2009. Defendant was also ordered to pay additional court costs.
JUDGMENT
In this action, the Plaintiff herein is demanding payment of the sum of GH¢12,580.00 being the cedi equivalent of CFA 1,700,000.00 and GH¢8,700.00 from the Defendant herein. He is also claiming interest on the sums claimed.
The Plaintiff’s case is that the Defendant requested for CFA 1,700,000.00 as a loan and GH¢8,700.00 was paid to the Defendant’s creditor who had caused his detention at the Central Police Station, Kumasi.
In the statement of Defence filed by the Defendant on 28/08/2014, he averred that the Plaintiff was his business partner and he invested the sum of CFA 1,700,000.00 in their joint business which entailed bailing of second hand clothing for export. He further pleaded that the cedi equivalent of this amount in the year 2008 was GH¢4,100. Besides the above, the Defendant averred that the Plaintiff later invested GH¢4000.00 and GH¢4700.00 into their joint business bringing his total investment to GH¢12,800.00. It is also in his statement of defence that an amount of GH¢12,000.00 was used to buy a bailing machine for their joint business; GH¢4000.00 as warehouse rental charges; GH¢1400.00 for “change over” and electrical wiring. He again asserted that the Plaintiff has been paid a total amount of GH¢9,100 as his fair share of the profit: GH¢7400 was paid to the Plaintiff in person and GH¢1,700.00 was paid through the Plaintiff’s sister. The Defendant further stated in his defence that the joint business was moved to another shop but unfortunately, the shop was razed by fire which destroyed all their trading wares and machinery.
By way or reply, the Plaintiff averred that the Defendant approached him for a loan to purchase a bailing machine from Accra to resell in Kumasi but he did not have money. Thus, he borrowed GH¢5000 from one Amaaddo and the Defendant topped it up with his GH¢5000. After the sale of the machine at GH¢20,000.00, the proceeds were shared among them equally.
These are the issues set for trial:
Whether or not the Defendant borrowed CFA 1,700,000.00 from the Plaintiff in 2008?
Whether or not the Plaintiff advanced the sum of GH¢8,700.00 to the Defendant?
Whether or not the amounts stated in paragraphs 1 and 2 supra was invested in the Defendant’s business by the Plaintiff as a partner?
Whether or not the parties herein have any joint business?
Whether or not the Plaintiff received a profit of GH¢9,100.00 from the Defendant?
Whether or not the Plaintiff is entitled to his claims against the Defendant?
He